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150wick

Junior Member
What is the name of your state? South Carolina


Hi everyone. Just hoping that someone can answer some questions that I have. My wife and I have been married for 6 years and have developed major problems with each other. I feel that the best thing for us is to seperate. I do not mind paying child support. But, I feel that I should not be liable for alimony. My wife and I are students in college, I work full time making roughly $4000 a month and she works part time making $600. Neither one has commited adultry that I am aware of. I would like to have shared custody of our children. Their most important! I also told her that I am willing to split everything straight down the middle (our house, finances, 401k, ect...) I work a schedule that allows me to be off 3 days a week. The state requires that I would be able to have shared custody as long as I am able to provide the children with 109 overnight stays a month. I can and will. Would we be able to put all this in a seperation agreement and the court uphold it?
 


LdiJ

Senior Member
150wick said:
What is the name of your state? South Carolina


Hi everyone. Just hoping that someone can answer some questions that I have. My wife and I have been married for 6 years and have developed major problems with each other. I feel that the best thing for us is to seperate. I do not mind paying child support. But, I feel that I should not be liable for alimony. My wife and I are students in college, I work full time making roughly $4000 a month and she works part time making $600. Neither one has commited adultry that I am aware of. I would like to have shared custody of our children. Their most important! I also told her that I am willing to split everything straight down the middle (our house, finances, 401k, ect...) I work a schedule that allows me to be off 3 days a week. The state requires that I would be able to have shared custody as long as I am able to provide the children with 109 overnight stays a month. I can and will. Would we be able to put all this in a seperation agreement and the court uphold it?
If the two of you actually AGREE then yes, you can put it into a separation agreement and its likely that a judge would sign off on it. However, if you aren't in agreement then obviously it won't work that way.

Although your marriage has been fairly short, you may be facing some short term alimony....possibly until she is able to finish college.

I think you mean 109 overnight stays a year rather than a month..don't you?
 

150wick

Junior Member
Somthing else, as for as the split up goes. Alot of people has told me not to leave the house, it could be considered abandonment. She has told me that she's not leaving. What are the step to a safe split up? :confused:
 

LdiJ

Senior Member
150wick said:
Somthing else, as for as the split up goes. Alot of people has told me not to leave the house, it could be considered abandonment. She has told me that she's not leaving. What are the step to a safe split up? :confused:
What are they telling you that you will be "abandoning"?

If its the house/property itself, no it doesn't hurt you at all to be the one to leave. You would still be entitled to your fair she of the home's equity.

If its the children, again, no, that is not abandonment. You would still retain your parental rights. If you planned to fight your wife for primary custody, then its advisable to stay put until the judge makes a decision, but it doesn't sound like you plan to do that.
 

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